Karnataka High Court

Sri. Harish vs Sri. Manikanta on 22 April, 2024

                                            M.F.A. NO.6443/2019

                                1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU
           DATED THIS THE 22ND DAY OF APRIL, 2024
                            BEFORE
         THE HON'BLE MR. JUSTICE VENKATESH NAIK T.
     MISCELLANEOUS FIRST APPEAL NO.6443 OF 2019 (MV-I)


BETWEEN:

      SRI HARISH
      S/O. KOGGA KHARVI
      AGED ABOUT 26 YEARS
      RESIDENT OF SHRI GANESH NILAYA
      HOSAPETE, TRASI VILLAGE
      KUNDAPURA TALUK-576 201.
                                                     ...APPELLANT

      (BY SRI NAGARAJA H. R., ADVOCATE)
AND:

1.    SRI MANIKANTA
      S/O. SRINIVASA DEVADIGA
      AGED ABOUT 34 YEARS
      RESIDENT OF MOOKAMBIKA KRUPA
      YOJANA NAGARA, YADTHARE VILLAGE
      KUNDAPURA TALUK-576 201.

2.    L & T GENERAL INSURANCE CO. LTD.
      NOW MERGED WITH
      HDFC ERGO GENERAL INSURANCE CO. LTD.
      GROUND FLOOR, ACR TOWER,
      32, RESIDENCY ROAD, ASHOK NAGAR
      BENGALURU-560 025.
      REPRESENTED BY ITS BRANCH/SENIOR MANAGER.

                                                 ...RESPONDENTS
      (BY SRI D. VIJAYAKUMAR, ADVOCATE, FOR R-2, &
           R-1: NOTICE SERVED)


                              ***
                                                M.F.A. NO.6443/2019

                                 2

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND
AWARD DATED 11-3-2019 PASSED IN M.V.C. NO.464 OF 2017 ON THE
FILE OF THE ADDITIONAL DISTRICT JUDGE AND A.M.A.C.T., UDUPI
(SITTING AT KUNDAPUR), PARTLY ALLOWING THE CLAIM PETITION
FOR    COMPENSATION    AND     SEEKING     ENHANCEMENT    OF
COMPENSATION.

      THIS MISCELLANEOUS FIRST APPEAL HAVING BEEN HEARD
AND RESERVED ON 16-4-2024, COMING ON FOR PRONOUNCEMENT,
THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

                         JUDGMENT

This appeal is filed by the claimant aggrieved by the

judgment and award dated 11-3-2019 passed in M.V.C. No.464

of 2017 on the file of the Motor Accident Claims Tribunal, Udupi

(Sitting at Kundapura), whereby, the Tribunal awarded a sum of

Rs.4,25,000/- as compensation with interest at the rate of 6%

per annum.

2. For the sake of convenience, the parties are referred to

as they are referred to in the claim petition before the Tribunal.

3. The claim petition was filed seeking compensation of

Rs.25 lakh on account of the injuries sustained by the claimant

in a road traffic accident that took place on 30-3-2017 at about

5:30 p.m., when the claimant was proceeding on his motorcycle,

bearing Registration No.KA-20 EM-5566, near Manna Hotel,

Maravanthe Village on NH-66, Kundapura, the driver of car,

bearing Registration No.KA-05 ME-7261, came in a rash and

negligent manner and dashed against the motorcycle of the

claimant. Due to the said impact, the claimant sustained

grievous injuries. Immediately, he was shifted to Chinmayi

Hospital, Kundapura, for treatment where X-rays were taken,

the Doctors noticed deformed left leg painful crepetations-

comminuted fracture both bones left leg with bone loss and

laceration scalp. He was discharged with advice for follow up

treatment.

4. The Tribunal considering the evidence on record at

Exs.P1 to P.11 and considering the oral evidence of PWs.1 and 2,

awarded compensation of Rs.4,25,000/-.

5. Learned counsel for the appellant/claimant submits that

the Tribunal has failed to consider the injuries sustained by the

claimant and the amount that were spent towards treatment.

Injury No.1 is grievous in nature and injury No.2 is simple in

nature. The Tribunal has not at all granted fair compensation

under the heads of 'loss of future earning capacity' and

'conveyance, nourishment and attendant charges'. Further, the

Tribunal has not at all granted any compensation under the head

of 'loss of amenities'. Hence, he prayed to allow the appeal.

6. Learned counsel for respondent No.2/Insurance

Company submits that the Tribunal considering the medical

evidence as well as oral evidence and other exhibits has

reasonably granted the compensation. He further submitted that

no grounds are made out for seeking enhancement of

compensation.

7. As there is no dispute regarding injuries sustained by

the claimant in a road traffic accident occurred on

30-3-2017 due to rash and negligent driving of car, bearing

registration No.KA-05 ME-7261, by its driver and liability of the

insurer of the offending vehicle, the only point that arises for my

consideration in the appeal is:

"Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"

8. After hearing the learned counsel appearing for the

parties and perusing the judgment and award of the Tribunal, I

am of the view that the compensation awarded by the Tribunal is

not just and reasonable, it is on the lower side and hence, it is

required to be enhanced.

9. As per Ex.P3-Wound Certificate, the claimant sustained

the following injuries:

i. Deformed left leg painful crepetations-comminuted

fracture both bones left leg with bone loss, and

ii. Laceration scalp.

As per opinion of the Doctor, injury No.1 is grievous in

nature and injury No.2 is simple in nature. The claimant was

treated at Chinmayi Hospital, Kundapura, wherein he was

treated as in-patient from 30-3-2017 to 7-4-2017 i.e. for a

period of nine days. The injuries sustained and treatment taken

by the claimant is also supported by the oral evidence of the

claimant and the Doctor, who are examined as PWs.1 and 2,

respectively.

10. In this case, the Tribunal has observed that the

claimant sustained in all two injuries, viz., injury No.1 is grievous

in nature and injury No.2 is simple in nature. For one grievous

injury, as per settled law, the claimant is entitled for amount of

Rs.40,000/- and towards simple injury, he is entitled for amount

of Rs.5,000/-. However, the Tribunal has awarded compensation

of Rs.50,000/- towards 'pain and sufferings'. Hence, it is just and

reasonable and hence, no interference is called for under this

head.

11. The Tribunal has awarded a sum of Rs.64,069/-

towards 'medical expenses', Rs.20,000/- towards 'future medical

expenses', and Rs.47,700/- (2,700 + 45,000) towards 'loss of

income during laid up period', which are reasonable amount and

hence, no interference is called for under these heads.

12. Towards 'loss of future earning capacity', the Tribunal

awarded a sum of Rs.2,33,280/- (Rs.9,000 X 12 X 12/100 X 18).

The accident is of the year 2017. During the relevant period, the

notional income assessed is Rs.11,000/- per month. If the

income of the claimant is considered at Rs.11,000/- per month,

then it has to be calculated as Rs.11,000 X 12 X 12/100 X 18.

Therefore, it works out to Rs.2,85,120/- as against

Rs.2,33,280/- awarded by the Tribunal.

13. The Tribunal has awarded compensation of

Rs.10,000/- towards 'conveyance, nourishment and attendant

charges', which is not reasonable amount. Hence, additional

compensation of Rs.10,000/- is awarded under this head.

14. The Tribunal has failed to award any compensation

under the head of 'loss of amenities'. Hence, considering the

disability stated by the Doctor and amount of discomfort and

unhappiness, the claimant has to undergo in his future life, a

sum of Rs.25,000/- is awarded under the said head.

15. Thus, the claimant is entitled for the following

compensation:

                    HEADS                                   Rs.
  Pain and sufferings                                      50,000.00
  Medical expenses                                         64,069.00
  Future medical expenses                                  20,000.00
  Loss of earning during treatment                         47,700.00
  Loss of future earning capacity                        2,85,120.00

Conveyance, nourishment and attendant 20,000.00 charges Loss of amenities 25,000.00 TOTAL 5,11,889.00 Less: Compensation awarded by the 4,25,049.00 Tribunal ENHANCED COMPENSATION 86,840.00

16. Accordingly, the appeal is allowed-in-part. The

judgment and award passed by the Tribunal is modified to the

extent stated herein above. The claimant is entitled for a total

compensation of Rs.5,11,889/- as against Rs.4,25,049/-

awarded by the Tribunal with interest at the rate of 6% per

annum on the additional compensation of Rs.86,840/- from the

date of filing of the claim petition till the date of its realisation.

17. Respondent No.2/Insurance Company is directed to

deposit the additional compensation amount together with

interest within a period of six weeks from the date of receipt of a

copy of this judgment.

18. On such deposit, the Tribunal is directed to disburse